Will I Lose My Ex Husband’s Social Security If I Remarry?
Remarrying can change your ex-spouse's Social Security benefits. Learn how your eligibility is affected and what steps to take.
Navigating Social Security benefits can be complex, particularly when life events like divorce and remarriage occur. Many individuals who receive benefits based on a former spouse’s work record often wonder how a new marriage might impact their financial support. Understanding the specific rules governing these benefits is important for making informed decisions about your financial future.
Understanding Ex-Spousal Social Security Benefits
Social Security offers benefits to divorced spouses under specific conditions, recognizing their contribution to a long-term marriage. To qualify for benefits based on an ex-spouse’s earnings record, the marriage must have lasted for at least 10 consecutive years. The individual seeking benefits must be at least 62 years old for retirement benefits, or 60 for survivor benefits if the ex-spouse is deceased. For disabled survivors, the age requirement can be as low as 50.
The ex-spouse must be eligible for Social Security retirement or disability benefits. However, they do not need to be actively claiming their benefits for you to apply, provided you have been divorced for at least two years. Receiving benefits on an ex-spouse’s record does not reduce the amount of benefits the ex-spouse or their current spouse receives. When you apply, the Social Security Administration (SSA) will compare your own benefit amount to the ex-spousal benefit and pay you the higher of the two.
Impact of Remarriage on Benefits
Remarriage can significantly alter eligibility for Social Security benefits received through a former spouse. If you are receiving ex-spousal benefits based on a living former spouse’s record, those benefits will terminate upon remarriage. This rule applies to spousal benefits, which are 50% of your ex-spouse’s full retirement age benefit.
However, there is an exception for survivor benefits, which are paid when the former spouse is deceased. If you remarry after reaching age 60, your survivor benefits based on your deceased ex-spouse’s record will continue without interruption. This age threshold is lowered to 50 if you are disabled at the time of remarriage. If remarriage occurs before these age thresholds, survivor benefits are forfeited, unless the new marriage subsequently ends.
Reinstatement After New Marriage Ends
Should a new marriage end, either through divorce, annulment, or the death of the new spouse, it may be possible to reinstate Social Security benefits from a previous ex-spouse’s record. This applies to both ex-spousal benefits and survivor benefits that were terminated due to the remarriage.
To pursue reinstatement, you need to contact the Social Security Administration and reapply for the benefits. Benefits can potentially resume as of the month the subsequent marriage ended, provided all other eligibility requirements are met at that time. This reinstatement is not automatic and requires direct action to notify the SSA and re-establish eligibility.
Benefits Through a New Spouse
Upon remarriage, you may become eligible for Social Security benefits based on your new spouse’s work record. This offers an alternative avenue for receiving Social Security income after your previous ex-spousal benefits may have ended.
To qualify for spousal benefits through a new marriage, you must be at least 62 years old, and your new spouse must be receiving their retirement or disability benefits. Additionally, you need to have been married to your new spouse for at least one year. When determining your benefit amount, the Social Security Administration will pay you the higher of your own earned benefit, or the spousal benefit based on your new spouse’s record.
Notifying Social Security
Promptly report any changes in marital status to the Social Security Administration. This includes both remarriage and the termination of a subsequent marriage, as these events can directly impact your benefit eligibility. Timely notification helps ensure your benefits are adjusted correctly and can prevent potential overpayments that might need to be repaid later.
You can notify the SSA by phone, in person at a local office, or through their online services. When reporting a remarriage, be prepared to provide documentation such as your marriage certificate and, if applicable, your divorce decree.